Rameshwar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17913 of 2013 ====================================================== Rameshwar Paswan, Son of Sri Bhuwneshwar Paswan, resident of Gharhara, P.S.- Bochahan, Distt.- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Muzaffarpur

2. The Collector, Muzaffarpur

3. The Sub-Divisional Officer, East, Muzaffarpur

4. The District Supply Officer, Muzaffarpur

5. The Block Supply Officer, Bochahan, Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. D. N. Tewari, Advocate For the Respondent/s : Mr.

======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is a PDS dealer having Licence no. 02 of 1984 within Muzaffapur district. He states that his licnece was suspended on 29.01.2007 and then cancelled on 29.02.2008. While referring to a Division bench decision in case of Shiv Chandra Jha Vs. Harideo Jha, reported in 2013 (3) PLJR 956, learned counsel submits that once a PDS dealer is saddled with punishment of suspension of licnece, he cannot be awarded punishment of cancellation of licence.

I find substance in the submission of the petitioner. The writ petition is allowed and the impugned orders are set aside. (Samarendra Pratap Singh, J.) Uday/- U